I’ve a constructing consisting of three small unbiased flats. All the flats are set free to completely different tenants. For development of this constructing a single development housing mortgage was taken. I additionally pay single property tax for the whole home. If I exploit ITR-2, I should divide my dwelling mortgage EMIs and property tax amongst all of the three flats, which isn’t potential, as a result of it’s calculated as an entire. But, if I exploit ITR-1, I can simply embody pre-moratorium curiosity, dwelling mortgage curiosity, Property tax, and so on., with out having to interrupt the identical in three elements. I can even membership lease for all of the three flats. Can the constructing (with three flats) be handled as one home property in order that I can use ITR-1 as a substitute of ITR-2? (Name withheld)
For the aim of capital acquire exemptions numerous judicial authorities have held {that a} single home consisting of varied items may be handled as one home supplied the identical is used as a single residential unit by the household. In your case because the three set free flats aren’t used as a single residential unit however are used as unbiased items, the identical can’t be handled as one residential home for the aim of providing rental revenue. Moreover, the ITR types additionally require you to supply particulars of varied tenants in case the property is set free, it might be improper in your half to supply the whole rental revenue as obtained for one home taking a look at the truth that the identical is used as a number of residential items and are set free to completely different tenants.
Even although you had taken a single dwelling mortgage and are paying single municipal tax, it’s not not possible so that you can allocate the curiosity and municipal taxes on some rational foundation. You can both use the carpet/constructed up space of every items as a foundation for allocating the curiosity and municipal taxes. Alternative you’ll be able to receive valuation of every of the three items and allocate each these things within the ratio of respective valuation of those items. The foundation of allocation adopted needs to be logical and constant yr after yr.
Balwant Jain is a tax and funding skilled and may be reached on [email protected] and @jainbalwant on Twitter.
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